Punishment for Domestic Violence in India
🔹 Domestic Violence in India – Legal Framework
Domestic Violence is not only about physical assault; it also covers emotional, sexual, verbal, and economic abuse.
In India, it is primarily governed by:
The Protection of Women from Domestic Violence Act, 2005 (PWDVA, 2005) – a civil law providing protection, residence, maintenance, custody, and compensation to women.
Indian Penal Code (IPC) – criminal law provisions like Section 498A IPC (cruelty by husband or relatives) and others for punishment.
🔹 Punishment under Different Laws
1. PWDVA, 2005
Nature of Law: Civil in nature, but violation of protection orders leads to criminal liability.
Punishment:
Under Section 31, PWDVA – Breach of Protection Order is punishable with imprisonment up to 1 year, or fine up to ₹20,000, or both.
Magistrate can also direct the respondent (husband/relative) to give monetary relief, residence rights, custody orders, etc.
👉 So, PWDVA itself does not criminalize domestic violence directly; it provides remedies and protection orders. The punishment comes only if those orders are violated.
2. Indian Penal Code (IPC)
Domestic violence also falls under several IPC provisions:
| Section | Description | Punishment |
|---|---|---|
| Section 498A IPC | Cruelty by husband or his relatives (mental/physical harassment, dowry-related abuse) | Imprisonment up to 3 years + fine (Non-bailable, Cognizable) |
| Section 323 IPC | Voluntarily causing hurt | Up to 1 year imprisonment or fine or both |
| Section 324 IPC | Voluntarily causing hurt with dangerous weapon | Up to 3 years imprisonment + fine |
| Section 354 IPC | Assault or criminal force to woman with intent to outrage modesty | 1–5 years + fine |
| Section 306 IPC | Abetment of suicide | 10 years + fine |
| Section 302 IPC | Murder (in extreme cases of dowry deaths/domestic violence) | Death penalty or life imprisonment |
👉 So, depending on the severity, punishment can range from 1 year to life imprisonment (or even death penalty).
🔹 Important Case Laws
S.R. Batra v. Taruna Batra (2007) 3 SCC 169
Supreme Court held that a woman has a right to reside in the shared household under PWDVA, even if she does not own it.
Inder Raj Malik v. Sunita Malik (1986 CriLJ 1510, Del HC)
Court clarified that Section 498A IPC and Dowry Prohibition Act can be applied together in cases of domestic cruelty.
V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183
Supreme Court held that PWDVA, 2005 applies even to acts of domestic violence committed before the Act came into force.
Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
SC ruled that in 498A IPC cases, police cannot automatically arrest the husband/relatives; arrest must follow proper investigation to prevent misuse.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165
SC struck down the word “adult male” from PWDVA → Now, any relative (male or female) can be made respondent under the Act.
🔹 Summary Table
| Law | Offence/Purpose | Punishment |
|---|---|---|
| PWDVA, 2005 | Provides protection orders, residence rights, monetary relief | Breach of order → Up to 1 year imprisonment + fine |
| IPC Sec 498A | Cruelty by husband/relatives | Up to 3 years + fine |
| IPC Sec 323/324/325 | Physical violence (hurt, grievous hurt) | 1–7 years + fine |
| IPC Sec 354 | Outraging modesty of woman | 1–5 years + fine |
| IPC Sec 306/302 | Abetment of suicide / Murder | 10 years to life or death |
✅ Conclusion:
PWDVA, 2005 ensures protection and relief for women (not punishment directly, except breach of orders).
IPC provisions impose criminal punishment, ranging from 1 year to life imprisonment (or death) depending on the severity.
Courts interpret domestic violence broadly to protect women’s rights.
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